Cargo thieves can't change guilty pleas

Friday

Apr 6, 2007 at 12:48 AM

BY MABEL PEREZSTAR-BANNER

OCALA - Two men who pleaded guilty to charges stemming from cargo theft will serve 30 months in prison, regardless of claims their attorney should have never represented them.
In a court hearing Thursday, Circuit Judge Brian Lambert ruled Yunior Perez, 28, and Maikel Saez Fuerte, 28, couldn't have their earlier plea deal agreement reversed. Ocala attorney James Tarquin represented the Cuban men. Perez's and Fuerte's new attorneys argued Tarquin should have never represented the two men because of a conflict of interest.
Tarquin testified otherwise. He said both men insisted that he represent them and when he talked to them about a possible conflict, they said they wanted to keep the case together with him because they were like "family."
Miami attorneys David Shenkman and Charles White argued a conflict of interest could have arisen if one man decided to testify or give information out about the other.
"The point is that when you're talking about a conflict of interest you're trying to balance the interests of one client versus another," Shenkman argued.
Tarquin testified a conflict never came up and that he had even contacted the Florida Bar to ask for advice.
"You have two different clients. Two different cases .Ê.Ê. Two different set of circumstances. The same players. But there were two separate assessments of the case," Tarquin said.
"The goal is to resolve the case as best for the client," the Ocala lawyer said.
His client Perez insisted Tarquin never talked to them about the risks of having the same lawyer. He also said he felt pushed to take the deal.
"I would've liked to go to trial with a different lawyer because I didn't like the way he was handling the case anymore," Perez testified.
In cross-examination, Assistant State Attorney Daniel Haun reiterated how serious the charges were.
"Do you realize .Ê.Ê. that you're going from 30 months to potentially 40 years? Do you realize this?" Haun asked.
Perez and Fuerte and a third man, Jorge Ramirez Torres, 33, were arrested in May during a cargo theft sting. Perez and Torres allegedly stole a 53-foot semi-truck cargo trailer at a truck stop just off Interstate 75 and County Road 326 and drove off.
A joint task force pulled the duo over near County Road 484 and discovered stolen goods worth more than $100,000. The cargo consisted of Armani Mania gift sets and Federal Emergency Management Agency hurricane supplies and equipment.
Fuerte was arrested on charges of stealing a cargo trailer with $30,000 worth of Corona beer, concrete blocks and equipment.
The cases wound up settling before trial in plea deals.
Perez and Fuerte each were sentenced to 30 months in prison on Feb. 8. They weren't immediately sent to jail but were allowed to go back to the Miami-Dade area to take care of personal affairs. At trial, they faced a maximum of 40 years in prison.
Perez pleaded to grand theft over $20,000, criminal mischief and possession of burglary tools. Fuerte pleaded to grand theft over $20,000. Organized fraud charges were dropped.
Mabel Perez may be reached at mabel.perez@starbanner.com or 867-4106.